5. Prohibition of insanitary latrines and employment and engagement of manual scavenger.—
(1) Notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers
and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993), no person, local authority or any
agency shall, after the date of commencement of this Act,—
(a) construct an insanitary latrine; or
(b) engage or employ, either directly or indirectly, a manual scavenger, and every person so
engaged or employed shall stand discharged immediately from any obligation, express or implied, to
do manual scavenging.
(2) Every insanitary latrine existing on the date of commencement of this Act, shall either be
demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the expiry of
the period so specified in clause (b) of sub-section (1) of section 4:
Provided that where there are several occupiers in relation to an insanitary latrine, the liability to
demolish or convert it shall lie with,—
(a) the owner of the premises, in case one of the occupiers happens to be the owner; and
(b) all the occupiers, jointly and severally, in all other cases:
Provided that the State Government may give assistance for conversion of insanitary latrines into
sanitary latrines to occupiers from such categories of persons and on such scale, as it may, by notification,
specify:
Provided further that non-receipt of State assistance shall not be a valid ground to maintain or use an
insanitary latrine, beyond the said period of nine months.
(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary latrine within the
period specified in sub-section (2), the local authority having jurisdiction over the area in which such
insanitary latrine is situated, shall, after giving notice of not less than twenty one days to the occupier,
either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, and shall be entitled
to recover the cost of such conversion or, as the case may be, of demolition, from such occupier in such
manner as may be prescribed.
6. Contract, agreement, etc., to be void.—(1) Any contract, agreement or other instrument entered
into or executed before the date of commencement of this Act, engaging or employing a person for the
purpose of manual scavenging shall, on the date of commencement of this Act, be terminated and such
contract, agreement or other instrument shall be void and inoperative and no compensation shall be
payable therefor.
(2) Notwithstanding anything contained in sub-section (1), no person employed or engaged as a
manual scavenger on a full-time basis shall be retrenched by his employer, but shall be retained, subject
to his willingness, in employment on at least the same emoluments, and shall be assigned work other than
manual scavenging.
7. Prohibition of persons from engagement or employment for hazardous cleaning of sewers
and septic tanks.—No person, local authority or any agency shall, from such date as the State
Government may notify, which shall not be later than one year from the date of commencement of this
Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a
septic tank.
8. Penalty for contravention of section 5 or section 6.—Whoever contravenes the provisions of
section 5 or section 6 shall for the first contravention be punishable with imprisonment for a term which
may extend to one year or with fine which may extend to fifty thousand rupees or with both, and for any
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subsequent contravention with imprisonment which may extend to two years or with fine which may
extend to one lakh rupees, or with both.
9. Penalty for contravention of section 7.—Whoever contravenes the provisions of section 7 shall
for the first contravention be punishable with imprisonment for a term which may extend to two years or
with fine which may extend to two lakh rupees or with both, and for any subsequent contravention with
imprisonment which may extend to five years or with fine which may extend to five lakh rupees, or with
both.
10. Limitation of prosecution.—No court shall take cognizance of any offence punishable under this
Act except upon a complaint thereof is made by a person in this behalf within three months from the date
of the occurrence of the alleged commission of the offence.